Registration of Title (Einverleibung)
The unconditional entry of a right in the land register; through it ownership or another right in rem is definitively acquired.
Registration of title (intabulation) is the strongest type of entry and effects the final acquisition of the right. Only with it does the buyer become the registered owner; the mere purchase contract creates only a contractual claim (title), while registration is the required mode of acquisition.
It requires a registrable deed containing a valid declaration of registration consent. It is to be distinguished from the conditional pre-notation and the priority ranking notation.
Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your property purchase are always decisive.
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Land Register
The public register of land and the rights attached to it, kept by the district courts; it enjoys public faith, so a good-faith buyer may rely on its contents.
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Declaration of Registration Consent (Aufsandungserklärung)
The seller's express consent to the registration of the buyer's ownership right (the intabulation clause), without which registration cannot be granted.
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Priority Ranking Notation
A land register notation that secures the rank for a future sale or pledge; it reserves the order of entries for one year.
Reviewing a contract, arranging escrow, securing handover?
When buying property, the contract and the land register decide. Call us directly or send an email, callback within one business day.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000